Australia to make it easier for same-sex couples to get married overseas

From February 1, the Federal Government will help same-sex couples get married in countries where gay marriage is legal.

Previously, the documents needed for a couple to get married in a foreign country were only supplied to heterosexual couples. Attorney-General Nicola Roxon announced on January 27 that from February 1, the Federal Government will issue same-sex couples with the Certificate of No Impediment that is required for them to get married. This certificate is recognised as proof that both parties are at least 18, unmarried and that there is no other barrier to them taking part in a marriage ceremony.

Currently, the list of countries that have legalised gay marriage include:

• Argentina
• Belgium
• Canada
• Iceland
• Netherlands
• Norway
• Portugal
• Spain
• South Africa
• Sweden

The same sex-marriages that the government will now sanction to take place overseas will still not be recognised by Australian law, but are expected to help same-sex couples in Australia be recognised as de-facto by Australian laws.

This policy change follows Labor’s National Conference in December 2011 which addressed the issue of equality and same-sex marriage in Australia. A Bill to legalise gay marriage in Australia is expected to be put before parliament later this year.

For supporters of same-sex marriage, this policy change is an important stepping stone to that Bill being passed.

If you have any questions regarding the Certificate of No Impediment, same-sex couples in Australia or laws regarding overseas marriages, please contact a Watts McCray lawyer.